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Are there any Potential Pitfalls with a Collaborative Divorce?

March 3, 2016 by West Coast ADR

The collaborative divorce process is appealing to many couples ready to end their relationships. It offers the parties more control over the divorce since they don’t have to go through a court battle or trial. Further, it can often be quicker and less expensive than a traditional adversarial divorce. However, just like with anything else, it is not totally without negatives.

One of the biggest issues with attempting a collaborative divorce is that if the negotiations are not successful, both parties must start over with new legal representation when the case goes to trial. This can seem overwhelming for those who have already put so much time and effort into trying to come to an agreement. It may result in one or both parties making more concessions than they would like out of feeling pressured to come to an agreement.

Another similar issue is that it’s easy to feel rushed. There’s no waiting on the court schedule or the next hearing, so it can add to feeling that you must come to an agreement very quickly. Further complicating this issue is that most people choose a collaborative divorce because they want to settle things quickly. It’s important to take as much time as you need to come to a settlement that is fair and acceptable to both of you.

Understanding the pros and cons of any divorce option is a critical part of making well-informed decisions. If you have questions about whether collaborative law or another option is right for your situation, a lawyer can help you get more information.

Source: The Huffington Post, “Is Collaborative Divorce a Wolf in Sheep’s Clothing?,” Georgialee Lang, accessed March 04, 2016

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